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Hamas strike on Israel - mod warning in OP updated 19/10/23

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Comments

  • Registered Users, Registered Users 2 Posts: 1,528 ✭✭✭Gerry T


    Should israel release its hostages ?

    Should israel do what it agreed, killing innocent people so the hostages are released ?



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    I explained the difference months and months ago.

    There is no defence to the accusation of war crimes against Hamas (unless you argue that the kidnapping of hostages did not happen and they went willingly, which I think even you wouldn't stoop that low to). As a non-State actor, the taking of hostages is a warcrime and I don't think there is anyone who is suggesting otherwise, but correct me if I am wrong, but there is no debate on that issue. The only issue is whether some people actually support the continuation of the war crimes by Hamas, and unfortunately, it seems that there are a few.

    For Israel, there are defences available to the accusations, whether that be warnings provided or legitimate acts of self-defence etc. Whether or not I believe that those defences stand up to scrutiny is a different point, but the mere fact of the defences being available means that it is up to a truly independent court in a hearing to decide on those points (and not me). I believe that at least some of the Israeli actions (as opposed to all of the Hamas actions) will be found to be war crimes, whether that is as directed by the top army brass or as a result of wildcat action in the field remains to be found by the court. I could be wrong, and no actions of Israel will be found to be war crimes and that the rationale of self-defence will prevail. As for the usage of WMDs, or of genocide, I think that Israeli actions fall short of the legal definitions. However, ultimately, that is for a court to decide. All of that is legally to be determined, and my views, as stated on the legal points, say nothing on what I believe to be morally right or wrong.

    War is a terrible thing, is the only thing I will say.



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    Israel is a State actor, and is entitled under the Geneva Convention to take prisoners of war, that doesn't make them hostages. As a State actor, it is also entitled to imprison people found under its judicial system to have committed crimes, that doesn't make them hostages, and the principle of non-interference means that we cannot interfere, just like we cannot interfere in the Palestinian States courts that refuse to let a woman travel on their own.

    So what hostages are you talking about?



  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭Miniegg


    That's a good post, but it isn't addressing my question at all - I'm not asking you to judge the legality of those acts.

    Do you personally condemn the Israel's actions, mentioned in my post? You are allowed to have an opinion on things outside of what is legal or not - every member of the human race exercises these opinions on a daily basis, and I'm sure you have no problem doing so on other topics.

    Why don't you feel you can answer that post straightforwardly?



  • Registered Users, Registered Users 2 Posts: 54,108 ✭✭✭✭tayto lover


    I also want Hamas to hand back the hostages. That won't end the Israeli aggression though nor will it stop Netanyahu who needs conflict to survive and it won't stop Trump's plan to make Trillions of dollars on property sales.



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  • Registered Users, Registered Users 2 Posts: 16,819 ✭✭✭✭osarusan


    deleted.



  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Cluedo Monopoly


    So you go into hiding all day yesterday after being asked very simple direct questions and then come in this morning to restart from scratch?

    Name a poster that doesn't want the conditions of the ceasefire kept? By both sides.

    I love how you are now subtly suggesting that the IDF really care about Palestinians. What propaganda do you read?

    Why don't you start by answering yesterday's questions - much easier to walk away from those trains of thought eh.

    Post edited by Cluedo Monopoly on

    What are they doing in the Hyacinth House?



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    You don't believe that it will end the Israeli aggression, I believe it gives Trump the reason to stop Netanyahu.

    Trump's plan is only partially revealed. His doctrine is to pull in America's horns, but exercise power through threat, not through action. That means taking over Gaza is a partial bluff. He won't put American troops on the ground, he won't pay for a single reconstruction (though Trump companies will get concessions). What he wants, and what he is getting (see the summit in Saudi), is an Arab plan to pay for and to reconstruct Gaza in a way that doesn't pose a threat to Israel and that ensures Israel's security and peace. Saudi will normalize relations with Israel, so will more of the Arab world and the EU, Iran will be neutered, Hamas will be defunded and rendered impotent and all will be forgotten about what Israel did.



  • Registered Users, Registered Users 2 Posts: 6,185 ✭✭✭Yeah_Right


    I always thought that WMDs were nuclear, biological or chemical weapons so when you mentioned weapons of mass destruction, I thought the Israelis must have used chemical weapons in Gaza. TBH it wouldn't surprise me if either did use chemical weapons.



  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭Miniegg


    Yea as another poster pointed out, UN deems them as you are thinking, but different bodies have different definitions. What Israel have used numerous times in this conflict does meet the WMD definitions of the FBI and US homeland defence, and then some. But yes, nuclear etc is prob what comes to mind for most people tho - wasn't trying to mislead in that regard.

    Given how their 2000ibs bombs have been used against civilians multiple times in open ground i.e to ensure maximum casualties, I'm happy to keep that wording, the mass devastation they caused is evident.



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  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Cluedo Monopoly


    Who mentioned POWs? Let's start with those held before the war.

    Palestinians in Israeli custody - Wikipedia

    In April 2022, there were 4,450 Palestinian security prisoners in Israeli prisons – including 160 children, 32 women, and over 1,000 "administrative detainees" (indefinitely incarcerated without charge).

    It further found that abuse of detainees is so institutionalized that the prisons should be called 'torture camps'.

    What are they doing in the Hyacinth House?



  • Registered Users, Registered Users 2 Posts: 3,057 ✭✭✭Spudmonkey


    Israel under the Geneva Convention is also prohibited from seizing land and building illegal settlements so I'd say you can't really pick and choose the parts you'd like. Anyway if you could explain some of the following to me:

    • If Palestine was a state, does that mean that all Hamas held hostages would then be classified as administrative detainees and therefore become legal to hold indefinitely?
    • As a state actor under the Geneva Convention doesn't Israel have a duty of care to its prisoners and therefore ensure that none of them are; tortured (neither mentally of physically, like here, here and here) nor killed under their care.
      • "I went into jail with two legs, and I returned with one leg" - linky
    • Many on here have reliably informed us that Hamas started this war on October 7th 2023, but it seems that Israel had over 1000 of the aforementioned "administrative detainees" (I much prefer that term) back in April 2022. Are these prisoners of war?

    You'll have to explain this to me like I'm 5 cause I'm not well versed in all the legalities of this but it would seem to me that Israel tends to hide behind legal jargon to allow it continue its occupation. I'm sure some others on here would appreciate light shed on it too.



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    What you might call "hiding behind legal jargon" might actually amount to legal justification.

    States have a legal right to self-defence set down in international law, non-state actors don't. That is one of the first basic principles that distinguishes between the actions of Hamas and the actions of Israel. Straightaway, that introduces an element of doubt to accusations of guilt against Israel.

    Quite simple, two identical actions, one committed by Hamas and another committed by Israel, can be considered differently because of the doctrine of self-defence. To put it in a different context, if a member of the police sees a person about to kill someone else and shoots them dead, they have a defence of enforcing justice as an authorised officer that I, or any other civilian, doesn't have, even if I take the same action.

    You may consider both situations morally the same, but they are not legally the same.

    In the case of the taking of hostages, Hamas has none of the legal defences that are available to Israel, because of that difference in status, one - Israel - being a state, the other a non-state actor.



  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Cluedo Monopoly


    You completely avoided the question yet again. Look for the April 2022 reference.

    What are they doing in the Hyacinth House?



  • Registered Users, Registered Users 2 Posts: 3,057 ✭✭✭Spudmonkey


    Legally justifiable eh? I suppose it makes sense now why not to give the Palestinians statehood right? Well I suppose it doesn't really seen as they (Israel) seemingly flaunt the legalities anyway.

    "You may consider both situations morally the same, but they are not legally the same."

    Personal question… legalities aside cause that's a pretty murky area

    Do you consider both these situations morally the same?



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    Humans have chosen to organise themselves in nation states with rules of war to apply to conflicts etc. In those rules, a lesser status is conferred on non-state actors. We on this island have experience of that with groups like UFF, PIRA, RIRA, UDA, INLA, UVF etc. which have the same legal status as Hamas.



  • Registered Users, Registered Users 2 Posts: 3,057 ✭✭✭Spudmonkey


    That's not the answer to the question(s) asked…..



  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭Miniegg


    Why are you not answering my question directly, and going on with this stuff? It is absolutely bizarre. To put it in simple simple terms, I'm asking you what time it is, and you are telling me how a watch works.

    When you asked me if I condemned Hamas holding hostages, you weren't asking me if I thought what they did was illegal. And remember, I went to the bother of replying to you honestly. You owe me an honest response and for the life of me I can't understand why, unless you are under some duress, you can't provide it. If you agree with Israeli actions just say it, and stand behind your beliefs.

    Do you personally condemn Israel states actions for the below?

    Do you condemn Israel for using weapons of mass destruction against civilian populations, it politicians for using language of mass bloodshed and dehumanisation of Palestinians, for bombing schools and hospitals, for withholding food and water, destroying farmland, overwhelmingly killing women and children, and for formulating a plan to remove a people from a land - whose lineage goes back thousands of years - in order to ethnically cleanse them from the region?



  • Registered Users, Registered Users 2 Posts: 30,851 ✭✭✭✭blanch152


    I don't agree with the framing of your question. Were I to acquiesce to your request, I would implicitly be agreeing that Israel's actions equated to the use of weapons of mass destruction. I don't think that Israel's actions equate to the definition of the use of WMDs. That prevents me from answering your question.

    The remainder of the question is similarly pejorative, requiring one to accept a Hamas narrative of Israel's actions before commenting on Israel's actions. I don't believe that Israel as an entity has formulated a plan to remove people from a land, certainly not in the way that Hamas have set out their objectives in a Protocol.

    The issue isn't my refusal to answer your question, it is that your question is focussed entirely through a Hamas lens on Israeli actions.

    Edit: If the question was simply, do I agree with all of Israel's actions in Gaza, then the answer would be no, I don't. That would remove all of your pejorative language.



  • Registered Users, Registered Users 2 Posts: 775 ✭✭✭Miniegg


    I don't agree anything I wrote is through the lens of Hamas. Every thing I have said is verifiable, and was written under the knowledge that this was done to civilians. Do you think it is all lies?

    If you disagree with my definition of WMD's -which I checked against verifiable sources - and want to go with the UNs, that's fine - replace it with 2000 pound bombs.

    In your language, not mine, what specific actions that Israel have carried out do you condemn, with regard to their treatment of Palestinian civilians during this war?



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  • Registered Users, Registered Users 2 Posts: 4,819 ✭✭✭Sudden Valley


    Bibi did appear to agree with Trump's plan to expel gazans from Gaza and if that comes to pass the israelis are definitely no better than Hamas. I think negotiations between the two parties were bound to break down after that threat and Hamas was invariably going to try to retain the hostages to stave off ethnic cleansing.



  • Registered Users, Registered Users 2 Posts: 3,057 ✭✭✭Spudmonkey


    Hey @blanch152

    Why is Hamas, a non-state actor, morally expected to honour an agreement that the Israelis, a state actor, legally violated?

    " The current standoff stems partly from Hamas’s accusation that Israel has not upheld its promises for the first phase of the cease-fire. Israel was required to send hundreds of thousands of tents into Gaza, a promise that Hamas says Israel has not kept. Speaking on the condition of anonymity to discuss a sensitive matter, three Israeli officials and two mediators said that Hamas’s claims were accurate."

    From either a personal/legal POV?



  • Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭dmcdona


    Israel has been interring Palestinians for decades without charge.

    Presumably you also advocate for all of those hostages being released and that Israel never takes any mor?



  • Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭dmcdona


    Nice try but no, that's not what I said.

    I've consistently advocated for the release of all hostages. But back to the point I made, do you think releasing all the hostages from Gaza will immediately result in a complete cessation of the Israeli campaign?



  • Registered Users, Registered Users 2 Posts: 11,352 ✭✭✭✭Cluedo Monopoly


    Yawn. Why don't you list the Israeli actions you don't agree with. It will mean you don't need to continually avoid answering basic straight questions. Otherwise your bias is staggering.

    What are they doing in the Hyacinth House?



  • Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭dmcdona


    hold Israel to account for their violations internationally

    So, when do you think Netanyahu and Gallant are going to attend The Hague and answer the arrest warrant for War Crimes?



  • Registered Users, Registered Users 2 Posts: 2,790 ✭✭✭dmcdona


    it is also entitled to imprison people found under its judicial system to have committed crimes

    As you are well aware, the IDF lads who anally raped a prisoner of war with an iron bar still have not been charged. They even brandished weapons at the Israeli Military Police before making good their escape.



  • Registered Users, Registered Users 2 Posts: 3,057 ✭✭✭Spudmonkey


    They're a state actor. It's (edit) potentially (/edit) legally justifiable.... apparently….

    Post edited by Spudmonkey on


  • Registered Users, Registered Users 2 Posts: 4,890 ✭✭✭political analyst


    It's obvious that UNRWA is riddled with terrorists and their sympathisers. Terrorists held Emily Damari in a UNRWA building.



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  • Registered Users, Registered Users 2 Posts: 8,461 ✭✭✭Odhinn




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